The Social Security Administration (SSA) has long had issues with Special Needs Trusts (SNTs) that include provisions for paying for companion care services and …
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
Termination of Medicare coverage can be appealed The Medicare appeal process is complicated and complex This article discusses in detail the Medicare appeal process …
Denial of Medicaid eligibility for long term care can be successfully appealed The state in its notice of denial must give you the statutory …
NJ has many foreign-born parents with minor children If a foreign-born parent dies can they appoint a guardian for their children from their home …
Although they still rely on you heavily for support – both emotional and financial – the law considers young persons over the age of …
Many individuals and families are highly stressed and in crisis when a nursing home placement is necessary Nursing homes often demand that a family …
Your hospital admission status is a critical factor for Medicare coverage Medicare says you must be admitted as “Inpatient” rather than as “observation status” …
Medicaid Benefits are available to pay for long term care costs for eligible individuals Upon death the state can file a lien against the …
Many people applying for Medicaid own life insurance The type of life insurance the applicant owns determines eligibility This article discusses how to deal …
Emergency room doctors are agents of Medicare Medicare regulations require you to be admitted to the hospital for expanded benefits This article discusses and …
With so many individuals moving to Florida, they often ask me about Florida’s elder law issues and questions. One thing unique in Florida is …
Many states are passing laws to allow visitation by close family members regardless of whether a Power of Attorney or Guardian approves of the …
Many people create trusts for beneficiaries in their last will(s) There are circumstances when a trustee needs or wants to terminate the trust This …
A Recent NJ Case Discusses When a Handwritten Note Can Be Probated as a Last Will Sometimes a handwritten letter or document can be …
This blog was written by an elder law colleague of mine, Victoria Collier, Esq., who lives in Georgia. I met Victoria years ago but …
An IRA trust is a terrific way to protect your IRA from wasteful spending by beneficiaries if you die Federal IRA tax laws require …
Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …
NJ imposes an inheritance tax to non-exempt beneficiaries. A girlfriend of a deceased NJ resident is not an exempt beneficiary. How can the estate …
Income of both spouses is counted for Medicaid health coverage and medical payments I recently had a client who filed a fair hearing appeal …
Understanding What a Self-Cancelling Note Means Under federal law “[t]he value of a gross estate shall include the value of all property to the …
This article discusses support trusts for minor children when a parent dies. New Jersey has a statute(s) that specifies the provisions that must be …
In probate litigation, it is common for one or all sides to ask for reimbursement of their legal fees and the costs of prosecuting/defending …
Back in the 1990’s, Congress passed a law that contained major changes to the federal Medicaid laws. Included in the law was a provision …
I read an interesting article written by a personal injury attorney involving a case he settled when a physically and cognitively impaired patient killed …
An adult parent dies. It’s tragic. Now his or her estate needs to be probated and administered. The person was divorced at the time …
I recently read a series of posts about the title of this blog post. In all truth, I hadn’t really thought about it or …
A client’s dad was in a second marriage when he died recently. The couple did not have a prenuptial or post-nuptial agreement. Dad always …
A client’s father’s estate is in probate. His son is the personal representative. Dad’s will leaves everything to his two sons (brothers) to share …
